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On The Protection Of Minority Shareholders

Posted on:2015-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:L HuFull Text:PDF
GTID:2296330431464909Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The social and economic development, the modern company system is increasingly perfect. Company system is the engine in the development of market economy. The growth of the company’s development cannot leave the investor group, the Chinese investor groups from state monopoly to today’s booming small and medium shareholders has experienced a long evolution process. Especially dedicated to the stock market, a large number of city citizens as the market economy, especially the company’s development has injected new vitality. Company, however, the protection of the rights and interests of minority shareholders problem is serious, such as the controlling shareholder abuses principle of\"capital majority\"of small and medium shareholders’ equity issues. Therefore, China is also constantly explore and practice. Before the new company law modification, protection of the rights and interests of minority shareholders are clearly in unfavorable condition, legal blank makes big shareholders take advantage of any infringement of minority shareholders equity case everywhere. Major shareholders use their holding position, transfer of company assets, or a related party transactions black-box wantonly kill small and medium shareholders’interests, etc. To strengthen the protection of rights and interests of minority shareholders strong and relief, has become a focus in the study of company law system around the world. So to make significant changes to your company law in China, the related parties rights and obligations of the specification company at the same time, also highlight the build system of the protection of the rights and interests of minority shareholders, has provided a legal basis for the protection of the rights and interests of minority shareholders. The promulgation and implementation of the new\"company law\", marks the new stage in terms of protection of the rights and interests of minority shareholders. Due to the protection of rights and interests of minority shareholders is a dynamic development process, the current law there are still some blank and the insufficiency, also need to constantly supplement and perfect.In general, the author thinks that in medium and small shareholders’ rights in law also has the very big space, we need to actively learn two big law countries advanced legislative experience, combined with the actual situation of our country society at the same time, China’s economic development characteristics, to further improve the legal system for protection of rights and interests of minority shareholders.
Keywords/Search Tags:Medium and Small Shareholders, Capital Majority Decision, Protection ofthe Rights and Interests, Shareholders’ Equity
PDF Full Text Request
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